The Odisha Gazette...3 3. Delegation of powers to the Committee :– The Puri Shri Jagannath Temple(Administration) Act, 1952 shall be deemed to be a part of this Act and all or any

*ORISSA ACT NO. 11 OF 1955

(Assented to by the President on 15th October, 1955)

AN ACT TO PROVIDE FOR BETTER ADMINISTRATION ANDGOVERNANCE OF SHRI JAGANNATH TEMPLE AT PURI AND ITS

ENDOWMENTS

Whereas the ancient Temple of Lord Jagannath of Puri has ever since itsinception been an institution of unique national importance in which millions of Hindudevotees from regions far and wide have reposed their faith and belief and have regardedit as the epitome of their tradition and culture;

And whereas long period to and after the British conquest the superintendence,control and management of the affairs of the Temple have been the direct concern ofsuccessive Rulers, Governments and their officers and of the publisher exchequer;

And whereas by Regulation IV of 1809 passed by the Governor-General inCouncil on 28th April, 1809 and thereafter by other laws and regulations and inpursuance of arrangement entered into with the Raja of Khurda, later designated theRaja of Puri, the said Raja came to be entrusted hereditary with the management of theaffairs of the Temple and its properties as Superintendent subject to the control andsupervision of the ruling power;

And whereas in view of grave and serious irregularities thereafter Governmenthad to intervene on various occasions in the past;

And whereas the administration under the Superintendent has furtherdeteriorated and a situation has arisen rendering it expedient to reorganize the schemeof management of the affairs of the Temple and its properties and provide betteradministration and governance therefore in supersession of all previous laws,regulations and arrangements, having regard to the ancient customers and usages andthe unique and traditional nitis and rituals contained in the Record-of-Rights preparedunder the Puri Shri Jagannath Temple (Administration) Act, 1952 (Orissa Act XIV of

1952) in the manner hereinafter appearing;

It is hereby enacted by the Legislature of the State of Orissa in the Sixty Year of

the Republic of India as follows :

* See Notification No. 5923–Legis., dated 2-11-1955, published in Orissa Gazette, dated

4-11-1956; Part X, No, 44.

LEGISLATIVE PAPERS For statement of Objects and Reasons see Orissa Gazette

Extraordinary dated the 31st August, 1954 for Assembly proceedings, see proceedings

of the Orissa Legislative Assembly and for Report of Select Committee, See Orissa

Gazette, Extraordinary, dated the 29th March, 1955.

The Odisha GazetteEXTRAORDINARY

PUBLISHED BY AUTHORITY

No. Part X, No, 44 Dated. 04 November, 1956

2

CHAPTER - IPRELIMINARY

1. Short title and commencement :– (1) This Act may be called Shri Jagannath

Temple Act, 1955.

(2) Sections 1, 2, and 3 shall come into force at once and the rest of the provisions

of this-Act shall come into force on such date* as the State Government may, by

notification, appoint in this behalf.

CASE LAWS

Sec. 1 - Validity of Act - Right of Raja of Puri - Right's as Adya Sebak and of

Superintendence - Distinction - Latter rights not property - Act does not offend Arts.

19(1)(f) and 31(2).

Held, the rights and duties of the Raja of Puri as Adya Sebak should be carefully

distinguished from his rights and duties as the hereditary superintendent of the

Jagannath Temple: Ram Chandra Deb v. The State of Orissa : AIR 1959 Ori. 5.

Secs. 1, 5 - Worshippers of Jagannath - Not a religious denomination - Transfer

of management to persons professing Hinduism - Art.26(d) not contravened : Ram

Chandra Deb v. The State of Orissa : AIR 1959 Ori.5.

Sec. 1, 15 - Validity of Act - Does not contravene Art. 26(b)

There is no provision in the Sri Jagannath Temple Act, 1955, which interferes

with the religious practices in the Temple. On the other hand, Sub-sec. (1) of Sec. 15

makes it mandatory for the Committee to see that the daily and periodical Nities of the

Temple are properly performed : Ram Chandra Deb v. The State of Orissa: AIR 1959

Ori. 5.

2. Repeals :– (1) The provisions of the Orissa Hindu Religious Endowments

Act, 1951 (Orissa Act 2 of 1952) shall cease to apply to the said Temple except with

respect to actions taken, things done and contributions levied and the same shall be

deemed to have been validly taken, done and levied as if this Act had not been passed:

Provided that the State Government shall, after having due regard to the financial

position of the Temple, have power to exempt it from the payment of the whole of any

part of the contributions so levied and due, immediately-before the date of

commencement of this Act, anything in any law or contract, or judgment, decree or

order of any Court to the contrary notwithstanding.

(2) All laws, regulations and other enactments passed for the purpose of

providing for the management of the affairs of the Temple and its properties and all

deeds executed in favour of and all arrangements entered into for the said purpose

with the Raja of Khurda or the Raja of Puri, as the case may be, prior to the

commencement of this Act, in so far as such enactments, deeds or arrangements are

inconsistent with the provisions of this Act, shall cease to have any effect.

* The rest of the provisions of the Act came into force on the 27th October, 1960 vide

Notfn. No. 6619 L/24.10.1960, published in the Orissa Gazette Ext. No. 670/25.10.1960.

3

3. Delegation of powers to the Committee :– The Puri Shri Jagannath Temple

(Administration) Act, 1952 shall be deemed to be a part of this Act and all or any the

powers and the functions of the State Government under the said Act shall be exercisable

by the Committee under this Act from such date or dates as the State Government may

by notification direct.

4. Definitions :– (1) In this Act, unless there is anything repugnant in the subject

or context-

(a) “Committee” means the Shri Jagannath Temple Managing Committee

constituted under this Act;

1[(a-1) "Nijoga" means an association of Sevaks recognized as such by the

Committee];

(b) “Prescribed” means prescribed by the rules made under this Act;

(c) “Raja of Puri” means the person on whom rests for the time being the

obligation of discharging the duties of a Sevak in respect of the Gajapati

Maharaj Seva as recorded in the Record of Rights;

(d) “Record of Rights” means the Record of Rights prepared under the

Puri Shri Jagannath Temple (Administration) Act (XIV of 1952);

1(d-1) “Sevak” means any person who is recorded as such in the record of

rights or is recognised by a competent authority as a Sevak or his

substitute or has acquired the rights of a Sevak by means of any

recognised mode of transfer and includes a person appointed to perform

any niti or Seva under Clause (i) of Sub-section (2) of Section 21;]

(e) “Temple Fund” shall mean the Shri Jagannath Temple Fund constituted

under Section 28;

(f) “Year” means financial year;

(g) the words and expressions defined in the Puri Shri Jagannath Temple

(Administration) Act, 1952 (Orissa Act XIV of 1952) and used in this

Act shall have the same meaning in this Act.

(2) For the removal of doubts it is hereby declared that any reference to the

word ‘Temple’ in either of the enactments aforesaid may, if the subject or context so

permits, be construed as a reference also to the deity, if any, installed in such temple.

CASE LAWS

Sec. 4 (d-1) - "sevak" - A person has only a right to perform a particular service

to the deity: Sri Jagannath Temple Managing Committee, Puri and another v. Narayan

Mohapatra: 2003 (Supp.) OlR (NOC) 970 : 96 (2003) CLT 29.

Sec. 4 (1) (a-1) as introduced by Amendment Act (17 of 1968) is unconstitutional.

Held, the definition of "Niyog" as introduced makes the future existence of

associations recognised in Record-of-Right, dependent on recognition by the

Committee : Kedarnath Guru Mohapatra and others v. The State of Orissa : AIR

1974 Ori.75.

1. Inserted vide Orissa Act. 17 of 1968.

4

CHAPTER IITHE COMMITTEE

5. Incorporation :– Notwithstanding anything in any other law for the time

being in force or custom, usage or contract, Sanad, deed or engagement, the

administration and the governance of the Temple and its endowments shall vest in a

Committee called the Shri Jagannath Temple Managing Committee constituted as such

by the State Government, and it shall have the rights and privileges in respect thereof

as provided in Section 33. It shall be a body corporate, having perpetual succession

and a common seal, and may, be the said name sue and be sued.

CASE LAWS

Sec. 5, 33 - Constitution of India - Art. 14 - Income-tax Act- sec: 10 (23BBA) -

Endowments of temple - Vested in shri Jagannath Temple Managing Committee enjoying

exemption from Income Tax under Sec. 10 (23 BBA) since 1962 - Withdrawal of

exemption without giving opportunity of hearing to Committee - Illegal, since it involves

civil consequences Revenue authorities did not merely stop by passing the said order,

but in order to implement same, passed several other directions - Post decisional hearing

becomes idle formality : Shri Jagannath Temple Managing Committee, Puri v.

Commissioner of Income Tax, Bhubanewar and others : AIR 2008 Ori. 37 : 2007

(Supp.-II) OLR 973.

1[6. Constitution of the Committee :– (1) The Committee constituted under

Section 5 shall consist of 18 members and shall be composed as follows :

(a) the Raja of Puri who shall be the Chairman;

(b) an officer not below the rank of Additional Chief Secretary, ex-officio

member, who shall be the Working Chairman;

(c) the Chief Administrator appointed under sub-section (1) of section 19,

ex-officio members, who shall be the Secretary;

(d) the Collector of the District of Puri - ex officio member;

(e) the Commissioner of Endowments appointed under the Orissa Hindu

Religious Endowments Act, 1951 - ex officio member;

(f) the Additional Secretary, Law Department in-charge of Shri Jagannath

Temple Administration, ex officio member;

(g) the Superintendent of Police, Puri- ex officio member;

(h) the Superindending Archaeologist, Archaeological Survey of India,

Bhubaneswar Circle, Bhubaneswar - ex officio member;

(i) one person to be nominated by the State Government from among the

persons entitled to sit on the Muktimandap-member;

(j) Five persons to be nominated by the State Government from among the

sevaks of the Temple members.

1. Substituted vide Orissa Act 12 of 2004.

5

(k) one person representing the Maths and other Institutions connected with

the seva-puja or nitis of the Temple or any Hindu religious/ spiritual

organisation to be nominated by the State Government member; and

(l) three persons (one of whom shall be Chartered Accountant) from among

the persons who do not belong to any of the categories referred to in

clauses (j) and (k) - members :

Provided that the State Government shall nominate persons for the categories

referred to in clauses (i), (j) and (k) out of a panel of names prepared by the Chief

Administrator for each such category which shall consist of names twice the number

of members required to be nominated under the respective clauses.

(2) No person who does not profess the Hindu religion, shall be eligible for

membership.

(3) If the officers mentioned under clauses (b), (d), (e), (f), (g) and (h) of sub-

section (1) do not profess the Hindu religion, and officer of the State/Central

Government of equivalent rank professing such religion may be nominated by the

State/Central Government for the purpose.

(4) The appointment or nomination of the members shall be notified in the

Orissa Gazette.]

1[6-A. Co-opted members :– (1) The Committee may co-opt in the prescribed

manner such number of persons, not exceeding four, as it deems fit to be members of

the Committee from among persons not belonging to any of the categories referred to

in Clauses 2[(j) and (k)] of Sub-section (1) of Section 6.

(2) The term of office of the co-opted members shall be co-terminus with the

term of other members as specified in Section 9.

(3) The co-opted members shall have right to take part in the proceedings at

every meeting of the Committee but, shall not have right to vote at any such meeting.

7. Appointment of a Chairman during the minority or disability of the

Raja of Puri :– (1) If at any time the Raja or Puri happens to be a minor 3[x x x] or in

the opinion of the State Government suffers from any of the disabilities covered by

Sub-section (l) of Section 10 other than Clause (f) thereof the duties of the Chairman

shall, during such minority or so long as such disability lasts, be exercised by a person

professing the Hindu religion whom the State Government may by order specially

appoint in that behalf :

Provided that in making an order under this Section the State Government may

take into consideration the suitability of the next in line of succession to the Raja of

Puri for appointment in conformity with the provisions of this Act;

Provided further that no such order as aforesaid shall be made by the State

Government without prior consultation with the Advocate General and unless the Raja

1. Inserted vide Orissa Act 17 of 1968.


3. Deleted vide Orissa Act 23 of 1970.

6

of Puri has been given a reasonable opportunity of showing cause against the order

proposed.

(2) Notwithstanding anything in any law but subject to the provisions of this

Act, all orders made by the State Government under Sub-section (1) shall after

publication in the Gazette, be final and shall not be questioned in any Court of law.

8. Rights and Privileges of the Raja of Puri in respect of the Gajapati

Maharaja Seva not to be affected :– Nothing in Section 7 shall be deemed to affect

the rights and privileges of the Raja of Puri in respect of the Gajapati Maharaj Seva

merely on the ground that the Raja has ceased to perform the duties of the Chairman

for the time being nor shall anything therein contained preclude any person from

establishing in a Court of competent jurisdiction his right to succeed to the said Seva

as recorded in the Record-of-rights:

Provided that no Court shall have power to stay the operation of any order

passed in accordance with the provisions of the aforesaid section pending the final

disposal of the proceedings in such Court or of any appeal or application arising there

from or in relation thereto; and no order of any Court in any such proceedings shall

have the effect in rendering invalid or inoperative in law anything done or any action

taken prior to the date of such order and in pursuance of orders of the State Government

passed under that Section.

1[8-A. Claims by the Raja of Puri :– (1) Where the Raja of Puri claims for

himself any right in addition to those recorded in the record-of-rights he may make an

application to the State Government in that behalf.

(2) Upon receipt of an application under Sub-section (1) the State Government

may, after making such enquiry as they deem necessary and after giving the Raja of

Puri an opportunity of being heard, make such order as they deem fit.

(3) The Raja of Puri may, if he is aggrieved by an order made under Sub-

section (2), prefer an appeal before the High Court within thirty days of the date of

communication of the order to him.

(4) All orders passed under Sub-section (2), shall subject to the decision, if

any, made in an appeal under Sub-section (3), be final.

9. Terms of office of members :– Every member of the Committee other than

the Chairman, and the ex-officio members shall hold office for a period of three years

from the date of notification under Subsection (3) of Section 6 and shall be eligible for

re-nomination.

10. Power of State Government to remove the 2[x x x] member of the

Committee :– (1) The State Government may suspend or remove any member of the

Committee other than the Chairman and the ex officio members on the following

grounds:

(a) that he has been convicted by a Criminal Court of any offence which, in

the opinion of the State Government, involves moral turpitude’;

1 Inserted vide Orissa Act 17 of 1968.

2. Omitted vide Orissa Act 19 of 1961.

7

(b) that he is of unsound mind or is suffering from any physical or mental

disease or defect or infirmity which in the opinion of the State

Government renders him unfit to be a member of the Committee.

(c) that he has applied to be adjudged or been adjudged insolvent;

(d) that he has been guilty of corruption or misconduct in the administration

of the Temple or that some other sufficient cause exists for his removal;

(e) that he has ceased to profess the Hindu religion;

(f) that he has absented himself for 1[x x x] three consecutive meetings of

the Committee and is unable to explain such absence to the satisfaction

of the Committee;

(g) that being a legal practitioner he has acted or appeared on behalf of any

person against the Temple in any legal proceeding.

(2) No member shall be removed under this Section unless he has been given a

reasonable opportunity of showing cause against his removal.

(3) The decision of the State Government under this Section shall be final and

shall not be liable to be questioned in any Court of law.

11. Dissolution and supersession of the Committee :– (1) If in the opinion of

the State Government the Committee is not competent to perform, or makes default in

performing the duties imposed on it under this Act, or exceeds or abuses its powers the

State Government may, after due enquiry, by notification dissolve the Committee and

reconstitute another Committee within a period of six months from the date of

dissolution or supersede the Committee for such period not exceeding six months, as

the State Government may deem fit.

(2) Before issuing a notification under Sub-section (1), the State Government

shall, communicate to the Committee the grounds on which they propose to do so, fix

a reasonable time for the Committee to show cause against the proposal, and consider

its explanations or objections, if any.

(3) Where a Committee is dissolved or superseded under this Section the State

Government shall appoint a person in the active service of the State Government and

professing the Hindu religion to perform the functions and exercise the powers of the

Committee until the constitution of another Committee or till the expiry of the period

of supersession, as the case may be:

Provided that the period during which the Committee remains superseded shall

not have the effect of extending the term of office of a member beyond the period of

three years as specified in Section 9.

2[(4) x x x ]

12. Casual vacancies :– (1) Casual vacancies caused by death, resignation,

removal or otherwise in the office of the members of the Committee shall be filled in

the same manner as provided in Section 6.

1. Omitted vide Orissa Act, 16 of 2003

2. Omitted vide Orissa Act, 9 of 1966 (w.e.f. 8th November 1965).

8

(2) The term of a member nominated or appointed, as the case may be, to fill a

casual vacancy shall expire on the day on which the term of the member in whose

vacancy the nomination or appointment has been made would have expired.

(3) Nothing done by the Committee shall be invalid by reason of there being a

casual vacancy.

13. Meetings of the Committee :– (1) The Committee shall maintain its office

at such place or places at Puri as the Committee may determine for the transaction of

its business.

1[(1-a) The Committee shall meet not less than six times during a calendar year

and a period of more than two months shall not be allowed to elapse two successive

meetings.

(1-b) 2[Chief Administrator] may, sou motu, and shall, when so required by the

Chairman or in his absence by the 2[Working Chairman], convene an emergent or

special meeting of the Committee for consideration of any urgent matter.]

3[(2) The Chairman and in his absence the 2[Working Chairman] shall preside

over the meetings of the Committee and in the absence of both any other member

elected by the members present shall preside over such meeting.]

(3) No business shall be transacted at any meeting unless at least 3[nine members]

are present.

(4) Questions arising at a meeting of the Committee shall be decided by a

majority of the votes of the members present thereat and the Chairman or the person

presiding, as the case may be, shall have no right to vote at the first instance but shall

have and exercise his casting vote in the case of equality of votes.

(5) The Secretary of the Committee shall be responsible for the due record and

maintenance of the minutes of the proceedings duly countersigned by the Chairman or

the person presiding as the case may be, and shall submit a copy of the said minutes to

the State Government for their nomination.

(6) The State Government may call upon the Committee to submit report on

any matter concerning the business of the Committee and management of the Temple

and its affairs. Non-compliance in this behalf will be treated as a default in performance

of duty within the meaning of Section 11.

14. Allowance to the members of the Committee :– (1) It shall be within the

power of the State Government by order to direct from time to time the payment from

out of the Temple Fund to the Chairman or the person appointed under Section 7 of

such allowance, at such times and in such maimer as the State Government may consider

reasonable and proper.

(2) Save as otherwise provided in Sub-section (1) 4[no member of the

Committee] while acting as such, shall receive or be paid from out of the Temple Fund

1 Inserted vide Orissa Act 17 of 1968.



4. Substituted vide Orissa Act 9 of 1966 (w.e.f. 8th November 1965).

9

any salary or other remuneration except such travelling or daily allowances, if any, as

may be prescribed.

15. Duties of the Committee :– Subject to the provisions of this Act and the

rules made there under, it shall be the duty of the Committee

(1) to arrange for the proper performance of Seva- Puja and of the daily and

periodical Nitis of the Temple in accordance with the record-of-rights;

(2) to provide facilities for the proper performance of worship by the

pilgrims;

(3) to ensure the safe custody of the funds, valuable securities and Jewelleries

and for the preservation and management of the properties vested in the

Temple;

(4) to ensure maintenance of order and discipline and proper hygienic

conditions in the Temple and of proper standard of cleanliness and purity

in the offerings made therein;

(5) to ensure that funds of the specific and religious endowments are spent

according to the wishes, so far as may be known of the donors;

(6) to make provision for the payment of suitable emoluments to its salaried

staff; 1[x x x]2[(7) to arrange for the preparation of a list of immovable properties endowed

to Lord Jagannath and of trusts created for offering Bhog or of the

performance of any seva in the Temple;]

(8) to prepare and implement with the prior approval of the State Government

and remunerative scheme for cashew nut plantation, casuarinas

plantation,/horticulture, diary farming, establishment of retail shops for

sale of commodities inside the Temple or any other commercial

undertaking in order to argument the resources and income of the Temple;

(9) to take steps for resumption of any building or room situated within the

premises of the Temple from any person if he has ceased to render the

service for the performance of which such building or room was allotted

to him or if such service has become obsolete; and

(10) to do all such things as may be incidental and conducive to the efficient

management of the affairs of the Temple and its endowments or to the

convenience of the pilgrims.3[15-A. Constitution of sub-committees :– (1) The Committee may constitute

Sub-Committees to aid and advice the Committee in regard to all or any of the following

subjects, namely:

(a) finance;

(b) Nitis; 4[x x x]

1 The Word "and" omitted by Orissa Act 17 of 1968.




10

(c) matters relating to the Ratna Bhandar 1[and]

2[(d) any other subject as may be decided by the Committee]

(2) The composition the term of office and the procedure for the conduct of

business of the Sub-Committee shall be as may be prescribed.

2[15-AA. Duties of the Working Chairman :– It shall be the duty of the

Working Chairman :–

(a) to ensure that the Resolutions passed by the Committee are properly

implemented by the Chief Administrator;

(b) to ensure proper co-ordination between the Temple Administration,

District Administration and the State Government in the administration

of the affairs of the Temple; and

(c) any other duty which the State Government may from time to time assign.]

15-B. Revision of Record-of-Rights and appeal against order for revision :–

(1) 1[Chief Administrator] may, 3[either on his own motion or] on an application made

in that behalf by any Sevak, other than the Raja of Puri, and after, making an enquiry

in the prescribed manner, make an order effecting any change in any entry made in the

record-of-rights on all or any of the following grounds, namely :–

(a) that such change is necessary in view of any new materials which have

come to notice; or

(b) that any entry therein bears no relationship to the existing facts; or

(c) that any such entry is incomplete or incorrect;

Provided that no order under this sub-section shall be made without giving the

parties concerned a reasonable opportunity of being heard.

(2) Any person aggrieved by an order under Sub-section (1) may, within thirty

days from the- date of communication of the order to him, prefer an appeal before the

State Government and thereupon the State Government may, after making such enquiry

as may be necessary and after giving the parties concerned an opportunity of being

heard, make such order as they deem fit.

(3) No order made under Sub-section (1) or under Sub-section (2) shall debar

any person aggrieved thereby from establishing his right, if any, in a Court of competent

jurisdiction but no Court shall have power to stay the operation of the said order

pending the final disposal of the proceedings before such Court or of any appeal or

application arising there from or in relation thereto.]

CASE LAWS

Secs. 5, 6 and 15-B - Record-of rights in respect of temple - Incorrect entry

made in Record from certain document - Description in document must prevail over

incorrect entry : Kanhu Khuntia v. Padmalava Khuntia: AIR 1990 Ori. 182.


2. Inserted vide Orissa Act. 12 of 2004.


11

16. Alienation of the Temple properties :– (1) No movable property of a non-

perishable nature of which the Committee is in possession and the value of which is

more than 1[fifty thousand rupees] and no Jewelleries shall be sold, pledged or otherwise

alienated without the previous approval of the State Government.

(2) Save as otherwise expressly provided in this Act no immovable property

taken possession of by the Committee shall be leased out for more than five years or

mortgaged, sold or otherwise alienated except with the previous sanction of the State

Government.

2[(3) Any transfer of immovable property recorded in the name of Lord Jagannath

of Puri by any person including any institution being the Marfatdar of such property

shall be absolutely null and void and of no force or effect whatsoever, unless 1[Chief

Administrator] or any officer authorised by him in writing in this behalf, execute the

deed of such trnasfer as one of the executant.

(4) Notwithstanding anything contained in the Registration Act, 1908 (Act 16

of 1908) no deed of transfer of any immovable property executed in contravention of

the provisions of sub-section (3) above shall be accepted for registration.]

3[16-A. Removal of encroachment of Temple Land :– (1) The provisions

contained in the Orissa Prevention of Land Encroachment 2[Act, 1972]2[Orissa Act 6 of 1972] shall be applicable, as far as may be, in respect of unauthorized

occupation of any land belonging to the Temple as if it were property of Government

within the meaning of that Act.

(2) 1[Chief Administrator] may with the prior approval of the Committee, make

an application for taking up appropriate proceedings under the said Act to the authority

-competent there under and thereupon it shall be lawful for such authority to take

action in accordance with the provisions contained in that Act.

CASE LAWS

Land Committee took decision to dispose of the landed properties of Lord

Jagannath to persons, who were possessing the land with permanent structure since

long- Government of Orissa approved the recommendation of the Land Committee-

Petitioners' possession over land is disputed - Enquiry report reveals that Ac. 0.018

decimals of land was found to be lying vacant without being surrounded by fence -

petitioners also could not show any document regarding their possession over Ac.

0.018 decimals - Held, no right, title and interest accrue or have accrued in favour of

petitioners in respect of the land in question belonging to Lord Jagannath : Deben

Sethi and others v. State of Orissa and others: 2012 (Supp,-I) OLR 656 : 2012 (I)

CLR 1136 : 2012 (1) OJR 275.

17. Limitation of borrowing powers :– The Committee shall have no power

to borrow money from any person except with the previous sanction of the State

Government.




12

18. Administration report :– (1) The Committee shall annually submit to the

State Government a report on the Administration of the affairs of the Temple at such

time as the State Government may prescribe and such report shall be forthwith published

by the Committee in the prescribed manner.

(2) The report prepared and published under this Section shall, as soon as

possible, be laid before the Legislative Assembly. .

18-A. 1[x x x]

CHAPTER III2[CHIEF ADMINISTRATOR] AND ESTABLISHMENT

2[19. Appointment of Chief Administrator and officers to assist him :–

(1) There shall be a Chief Administrator for the Temple who shall be appointed by the

State Government from among members of the Indian Administrative Service not below

the rank of Commissioner (equivalent to Revenue Divisional Commissioner) and

professing Hindu religion.

(2) The Collector of the District of Puri or such person as may be nominated

under sub-section (3) of Section 6 shall be ex officio Deputy Chief Administrator of

the Temple and he shall, subject to the control of the Chief Administrator, perform

such duties as the Chief Administrator may from time to time assign.

(3) The State Government shall appoint the following officers from among

persons in their active service and professing Hindu religion to assist the Chief

Administrator and the officers so appointed shall, perform such duties, as the Chief

Administrator may from time to time assign –

(a) one officer from among the members of the Indian Administrative Service

or Orissa Administrative Service not below the rank of Joint Secretary

as Administrator (Development);

(b) one officer from among the members of the Orissa Administrative Service

(I) not below the rank of Joint Secretary as Administrator (Niti);

(c) one officer from among the members of the Indian Police Service or

Orissa Police Service not below the rank of Additional Superintendent

of Police as Administrator (Security);

(d) one officer from among the members of the Orissa Administrative Service

(I) (Jr. Br) as Deputy Administrator (Revenue);

(e) one officer from amongh the members of the Orissa Finance Service (I)

(Jr. Br) as deputy Administrator (Finance); and

(f) one officer not below the rank of Assistant Executive Engineer (Civil)

as Deputy Administrator (Development).

(4) The State Government may also appoint such other officers as it may deem

fit, from among persons in their active service and professing Hindu religion to assist



13

the Chief Administrator and the officer so appointed shall, perform such duties as the

Chief Administrator may from time to time assign.]

20. 1[ x x x]

21. Powers and duties of 2[Chief Administrator] :– (1) 2[Chief Administrator]

shall be the Secretary of the Committee and its Chief Executive Officer and shall,

subject to the control of the Committee, have powers to carry out its decision in

accordance with the provisions of this Act.

(2) Notwithstanding anything in Sub-section (1) or in Section 5 2[Chief

Administrator] shall be responsible for the custody of all records and properties of the

Temple, and shall arrange for proper collections of offerings made in the Temple and

shall have power :–

(a) to appoint all officers and employees of the Temple;

(b) to lease out for a period 3[not exceeding three years] at a time the lands

and buildings of the Temple which are ordinarily leased out;

(c) to call for tenders for works or supplies and accept such tenders when

the amount or value thereof 3[does not exceed fifty thousand rupees;]

(d) to order for emergency repairs;4[(e) to specify, by general or special orders, such conditions and safeguards

as he deems fit, subject to which any sevak, office-holder or 2[Employee]

shall have the right to be in possession of jewels or other valuable

belongings of the Temple;

(f) to decide disputes relating to the collection, distribution or apportionment

of offerings, fees and other receipts in cash or in kind received from the

members of the public;

(g) to decide disputes relating to the rights, privileges, duties and obligations

of sevaks, of rice-holders and servants in respect of sevapuja and Nitis,

whether ordinary or special in nature;

(h) to require various sevaks and other persons to do their legitimate duties

in time in accordance with the record-of-rights; and

(i) in the absence of any sevak or his substitute or on the failure on the part

of any such person to perform his duties, to get the Niti or seva performed,

in accordance with the records-of-rights by any other person];5[(j) to issue instructions or directions, from time to time, for controlling the

activities, conduct and management of all institutions including Mukti

Mandap and Pandit Sabha functioning within the premises of the temple.]

Provided that the exercise of power under Clauses (a), (b), 4[(c) and (e)] shall

be subject to the directions if any of the Committee issued-specially in that behalf.

1. Omitted vide Orissa Act 9 of 1966 (w.e.f. 8th November, 1965).





14

1[(3) 2[Chief Administrator] may, subject to such conditions, if any, as the

Committee may, by general or special order imposes, afford facilities on payment of

fees for special darshan or for any special service, ritual or ceremony, such darshan,

service, ritual or ceremony not being inconsistent with the custom and usage of the

Temple and he shall have power to determine the portion, if any, of such fees which

shall be paid to the sevaks, office holders or Servants of the Temple.]

3[(4) Upon failure on the part of any math to supply any article required in

connection with the Seva-Puja of the Temple which under the record-of-rights, it is

the duty of such math to supply, 2[Chief Administrator] may procure the article by

incurring such reasonable expenditure from the Temple Fund as may be necessary and

make an order requiring such math to pay to the Temple the amount so expended.]

4[21-A. Control of Sevaks, etc. :– All sevaks, office-holders and servants

attached to the Temple or in receipt of any emoluments or perquisites there from shall,

whether such service is hereditary or not, be subjected to the control of 2[Chief

Administrator] who may, subject to the provisions of this Act and the regulations,

made by the Committee in that behalf, after giving the person concerned a reasonable

opportunity of being heard

(a) withhold the receipt of emoluments or requisites;

5[(b) impose a fine of an amount not exceeding 2[two thousand rupees;]

(c) suspend; or]

(d) dismiss;

any of them for breach of trust, incapacity, disobedience of lawful orders, neglect of

or willful absence from duty, disorderly behavior or conduct derogatory to the discipline

or dignity of the Temple or for any other sufficient cause.

6[21-B. Suspension pending inquiry :– The 2[Chief Administrator] may place

any sevak, office holder or employee attached to the Temple under suspension :–

(a) where a disciplinary proceeding against him is contemplated or is

pending; or

(b) where a case against 7[an office holder or employee attached to the

Temple.] in respect of any criminal offence is under investigation, inquiry

or trial 8[, or]

9[(c) where a Sevak is involved in any criminal offence committed inside the

Temple premises or in connection with the affairs of the Temple.]








8. Substituted vide Orissa Act 4 of 2009 (w.e.f. 15.03.2010)


15

CASE LAWS

Emoluments beneficial interest attached to office of Khuntias and Mekaps -

Performance of Sevas and right to receive emoluments - Cannot be altered : Chintamani

Khuntia and others v. The State of Orissa and Others : 77 (1994) CLT 11 : AIR 1994

Ori. 46.

Sec. 21 - The Administrator of the Jagannath Temple has powers to alter,

substitute and provide suitable receptacles for proper collections of Bheta and Pindika

offered to the deity in thalis, Parakhas and jharis near Bhitar khata, Bahar Khata and

Tatna Singhasan of the temple - Such alterations in no manner affect the performance

of rites of sevaks which are purely secular and not religious: Bairagi Mekap and

another v. Jagannath Temple Managing Committee : AIR 1972 Ori. 10.

Secs. 21 (2) (e) and (f), 21 (3), 21(4)m 24(2) - Validity - Powers conferred on

Administrator - Do not contravene Art. 19 (1) (f).

Held, so long as a judicial Tribunal is given the ultimate power to decide whether

any order of the executive authority which affects the right of property of an individual

is justifiable or not that statutory provision cannot be held to impose an unreasonable

restriction on the right of the property: Bhimsen Gochhakar v. State of Orissa: AIR

1959 Ori. 17.

22. Extraordinary powers of 1[Chief Administrator] :– 1[Chief

Administrator] may in cases of emergency, 2[or in cases of unforeseen circumstances]

direct the execution of any work or the doing of any act, which is not provided for in

the budget for the year and immediate execution or the doing of which is in his opinion

necessary for the preservation of the properties of the Temple and its endowments or

for the service or safety of the pilgrims resorting to the Temple or for the due

performance of the Nitis therein, and may direct that the expenses of executing such

work or doing the act shall be paid from the Funds of the Temple. 1[Chief Administrator]

shall forthwith report to the Committee the action taken under this Section and the

reasons therefor.

23. Establishment Schedule :– (1) After the appointment of the first

Administrator, he shall, as soon as may be, prepare and submit to the Committee a

Schedule setting forth the duties, designations and grades of the officers and employees

who may, in his opinion, constitute the establishment of the Temple and embody his

proposals with regard to the salaries and allowances payable to them, and such Schedule

shall come into force on approval by the Committee.

(2) No change shall be effected in such Schedule except with the sanction of

the Committee.

(3) Subject to such exceptions as the Committee may by general or special

order direct, the officers and employees of the Temple already in service of the Temple

on the date of the commencement of this Act shall continue as such and the conditions

of their services shall be regulated in the prescribed manner.



16

(4) The creation of any new appointment carrying a salary of not less than1[three thousand rupees] per mensem shall be subject to the previous sanction of the

State Government.

CASE LAWS

Sec.23- Powers of the Administrator - administrator has unfettered right to

regulate the performance of niti and can supervise and keep control over all the sebayat:

Sri Jagannath Temple managing Committee, Puri and another v. Narayan

Mohapatra : 2003 (Supp.) OLR (NOC) 970 : 96 (2003) CLT 29.

24. Appeal against the orders of 2[Chief Administrator] :– 2[Any person

aggrieved by any order passed by the Chief Administrator under this Act, or rules, or

Regulations made thereunder, may within 30 days of the communication of the order

to him, prefer an appeal before the Committee].

(2) All appeal filed under Sub-section (1) shall be heard and disposed of by the

Appeal Sub-committee as hereinafter constituted.

2[(3) The Appellate Sub-committee shall consist of the Working Chairman who

shall be its Chairman and two other members elected in the prescribed manner by the

members of the Committee from among the non-official members thereof.]

Provided that if the Collector does not profess the Hindu religion, the Officer

who happens to be a member of the Committee in his place, shall be Chairman of the

Appeal Sub-Committee in place of the Collector.

(4) The Appeal Sub-committee shall, after making such enquiry as it may deem

necessary and after giving the parties concerned a reasonable opportunity of being

heard, pass such order as it seems fit.

(5) The decision of the majority of the Appeal Sub-committee where the decision

is not unanimous shall be deemed to be the decision of the Appeal Sub-committee:

Provided that where the Chairman of the Sub-committee differs from both of

the other members thereof he shall refer the appeal along with all connected records

and opinions expressed by him and the other members to the Committee whose decision

by the majority thereof in case it is not unanimous shall be final.

(6) No order made by 2[Chief Administrator], as referred to in Sub-section (1)

or by the Appeal Sub-committee under this section shall debar any person aggrieved

thereby from establishing his right, if any, in a Court of competent jurisdiction but no

Court shall have power to stay the operation of the said order pending the final disposal

of the proceedings before such Court or of any appeal or application arising there

from or in relation thereto.

CHAPTER IVBUDGETS, ACCOUNTS AND AUDIT

25. Budget :– (1) 2[Chief Administrator] shall, every year, prepare in the

prescribed manner and form a budget of the receipts and expenditure of the Temple



17

and its endowments for the following year and place it before the Committee which

may approve it without modification or with such modification as it deems fit. After

the approval of the Committee the budget shall be submitted to the State Government

for sanction before such date as may be fixed by the State Government in that behalf.

(2) Before sanctioning the budget, the State Government shall satisfy them that

adequate provision has been made in the budget for the maintenance of the prescribed

working balance and for meeting all the liabilities of the Temple and its endowments.

If the budget as submitted to the State Government fails to make these provisions, the

State Government may modify any part of the budget so as to ensure that such provisions

are made. The decision of the State Government sanctioning the budget subject to the

modifications, if any, shall be communicated to the Committee at least fifteen days in

advance of the commencement of the year to which the Budget relates and in the

absence of such communication before the end of the preceding financial year the

budget shall be seemed to have been sanctioned in the pursuance of this section.

26. Revised or supplementary budget :– If in the course of any year the

Committee finds it necessary to modify the figures shown in the budget with regard to

its receipts or expenditure, it may submit a supplementary or revised budget to the

State Government:

Provided that no alternation shall be made without the consent of the State

Government in the working balance.

27. Audit :– (1) The State Government shall every year appoint an auditor to

audit the accounts of the Temple and its endowments in the prescribed manner 1[x x x]

The auditor shall submit his report 2[to 3[Chief Administrator] and it shall be the duty

of 3[Chief Administrator] to submit the audit report] to the Committee and send a copy

of it to the State Government which may issue such directions therein as they may

deem fit, and the Committee shall carry out such directions.

(2) The report of the Auditor and the directions issued by the State Government

thereon shall be published in the prescribed manner.

CHAPTER V

GENERAL

28. Temple Fund :– (1) There shall be constituted a Fund to be called ‘Shri

Jagannath Temple Fund’ which shall be vested in and be administered by the Committee4[and save as otherwise provided in this Act, shall consist of] :–

(a) the income derived from the movable and immovable properties of the

Temple;

(b) any contributions by the State Government either by way of grant or

byway of loan;





18

(c) all fines and penalties imposed under this Act;

(d) all recoveries under this Act;

(e) any other gifts or contributions made by the public, local authorities or

institutions.

(2) The said Fund may be utilised for any of the purposes permitted under the

Act and for all or any of the following purposes:

(a) maintenance (including repairs and reconstruction), management and

administration of the Temple and its properties;

(b) training of Sevaks to perform the religious worship and ceremonies in

the Temple;

(c) medical relief, water supply and other sanitary arrangements for the

worshippers and the pilgrims and construction of buildings for their

accommodation;

(d) culture and propagation of the tenets and philosophy associated with

Temple of Shri Jagannath;

(e) any other work or undertaking for the purposes of the Temple authorised

by the State Government, so long as such authorization subsists; and

(f) 1[x x x]

2[28-A. Recovery of Temple dues :– All amounts due to the Temple including

fines if any, imposed under this Act, shall without prejudice to any other mode of

recovery, be recoverable as arrears of land revenue on a requisition made by 4[Chief

Administrator] in that behalf.]

3[28-B. Installation of Hundi :– (1) The Committee may, with the approval of

the State Government instal one or more receptacles (hereinafter referred to as Hundi)

at such place or places in the Temple as it may think fit for placing of offerings by the

pilgrims and devotees visiting the Temple.

(2) The Hundi shall be operated by such person and in such manner as the State

Government may, from time to time, determine.

(3) Such portion of the offerings placed in a Hundi as the State Government

may from time to time direct, shall be credited to the Foundation Fund.

(4) No person shall, without being authorised by 4[Chief Administrator] in that

behalf, go near or interfere in any manner with any Hundi installed in the Temple:

Provided that no such authorisation shall be required for going near any Hundi

for the bona fide purpose of placing any offering therein.

(5) Notwithstanding anything to the contrary contained in any law, custom,

usage or agreement or in the record-of-rights, no sevak shall be entitled to any share in





19

the offerings placed in any Hundi installed after the commencement of Shri Jagannath

Temple (Amendment) Act. 1983 (Orissa Act 10 of 1983).

28-C. Foundation Fund :– (1) There shall be constituted a fund called "Shri

Jagannath Temple Foundation Fund” (hereinafter referred to as the Foundation Fund)

which shall vest in and be administered by the Foundation Fund Committee constituted

under Sub-section (6).

(2) The Foundation Fund shall consist of all donations and contributions of an

amount exceeding five hundred rupees made by any person to the Temple or in the

name of any deity installed therein, other than those made for any specific purpose,

and such other amounts as may be directed by the State Government.

(3) All amounts credited to the Foundation Fund shall be invested in long term

fixed deposits with such banks as the State Government may approve and shall always

be kept so invested, and no such fixed deposit shall be pledged or otherwise

encumbered:

Provided that the State Government may permit such sum out of the Foundation

Fund as they may fix, to be utilised for any purpose of the Temple as they may specify.

(4) All amounts accruing by way of interest on such fixed deposits shall be

credited to and form part of Shri Jagannath Temple Fund constituted under Section 28.

(5) Out of the amount so credited, to Shri Jagannath Temple Fund –

(a) 1[x x x]

(b) such percentage not exceeding 2[ten] as may be determined by the State

Government shall be utili sed for the welfare of the sevaks.

(6) The Foundation Fund Committee shall consist of the following members :

(a) the Chief Minister of the State of Orissa who shall be the Chairman;

(b) the Minister in charge of law who shall be the 3[Working Chairman]:

(c) the Secretary to the Government in Law Department;

(d) the Secretary to the Government in the Finance Department or his

nominee who shall not be below the rank of a Joint Secretary;

(e) the Collector of the district of Puri; and

(f) 3[Chief Administrator] of the Temple who shall be the Secretary.

(7) The Committee shall conduct its business in such manner as they may

determine.

(8) During the absence of the Chairman the 3[Working Chairman] shall act as

and perform the functions of the Chairman:

Provided that the Secretary to the Government in the Law Department shall act

as and perform the functions of the Chairman during any period when both the officers

of the Chief Minister and the Minister of Law remain vacant.




20

(9) Notwithstanding anything to the contrary contained in any law, custom,

usage or agreement or in the record-of-rights no sevak shall be entitled to any share

out of the amount of donations or contributions to the Foundation Fund made under

Subsection (2) after the Commencement of Shri Jagannath Temple (Amendment) Act,

1983 (Orissa Act 10 of 1983).

CASE LAWS

Sections 28-B, 28-C(9) read with Articles 25(1), 26, 300- A, Constitution of

India, 1950 - Placing of Hundies inside the temple to enable devotee to put offerings-

Not ultra vires of provisions of the Articles 25(1), 26,300-A of the Constitution: Sri

Jagannath Temple, Puri, Management Committees represented through its

Administrator and another v. Chintamani Khuntia and others : 86 (1998) CLT 1 (SC).

Arts. 25 and 26 read with Sec. 28-B of Shri Jagannath Temple Act - Collection

of offerings inside temple cannot be treated as religious practice - State's power to

frame law to regulate any financial activity connected with religious practice - Sevaks

cannot claim as a right any part of the offerings: Sri Jagannath Temple, Puri

Management Committee represented through its Administrator and another v.

Chintamani Khuntia and others :86 (1998) CLT 1 (SC).

Arts. 25(1), 26, 300-A read with Secs. 28-B, 28-C (9) of Sri Jagannath Temple

Act, 1954 - Foundation Fund - Creation of , by State out of the offering made to the

Hundies installed inside temple - Not unconstitutional - Sevaks cannot claim as a right

any part of the offerings : Sri Jagannath Temple, Puri, Management Committee

represented through its Administrator and another v. Chintamani Khuntia and others :

86 (1998) CLT 1 (SC).

Secs. 28-B (5), 28-C (5) (a), 28-C (9) - Constitutional validity of - 'Bheta' 'Pindika'

- Shares of khuntia and Mekaps - Entitlement of : Chintamani Khuntia and others v.

The State of Orissa and others: 77 (1994) CLT 11 : AIR 1994 Ori. 46.

29. Bar to suits or proceedings :– Save as otherwise expressly provided in

this Act’ no suit or proceeding shall lie in any Court against the State Government or

against the Committee or 1[Chief Administrator] for anything done or purported to be

done by any of them under the provisions of this Act.

CASE LAWS

Sec. 29 - Scope - Section relates to things done or purported to be done under

the Act - Matter not permissible to the done under Act is open to challenge in Civil

Court : Bairagi Mekap and another v. Jagannath Temple Managing Committee :

AIR 1966 Ori. 96.

30. Power of the State Government :– (1) Subject to the provisions of this

Act the general superintendence of the Temple and its endowments shall vest in the

State Government which may pass any orders that may be deemed necessary for the

proper maintenance or administration of the Temple or its endowments or in the interest

of the general public worshipping in the Temple.


21

(2) Subject to the other provisions of this Act the State Government may call

for and examine the records of 1[Chief Administrator] or of the Committee in respect

of any proceedings with a view to satisfy themselves as to the regularity of such

proceeding or the correctness, legality or propriety of any decision or order made

therein, and if in any case it appears to the State Government that any such decision or

order should be modified, annulled, reversed or remitted for reconsideration, they

may pass orders accordingly:

Provided that the State Government may stay the execution of any such decision

or order pending the exercise of their power under Sub-section (2) in respect there of.

2[30-A. Offences :– (1) Whenever any person having duties to perform in respect

of the Nitis of the Temple or Seva-Puja of the deity raises any claim or dispute any

fails or refuses to perform such duties knowing or having reasons to believe that the

non-performance of the said duties would cause delay in the performance of the Niti

or Seva-puja or inconvenience or harassment to the public or any section thereof entitled

to worship in the Temple and willfully disobeys or fails to comply with the orders of1[Chief Administrator] directing him to perform his duties without prejudice to the

results of a proper adjudication of such claim or dispute, such person or any other

person who abets such conduct shall be guilty of an offence punishable on conviction

with fine which-may extend up to 3[five thousand rupees].

4[(2) Whoever

(a) voluntarily causes obstruction by use of force or otherwise to any Sevak

in the due performance of any Puja or Niti which such Sevak is entitled

or authorised to perform; or

(b) willfully does any act whereby any bhog-offered to Lord Jagannath is

defiled; or

(c) not being a Sevak exhibits any Thali or other receptacle in such manner

as might induce any visitor to place any offering, whether in cash or in

kind, in such Thali or other receptacle; shall on conviction be punishable

with imprisonment which may extend to six months or with fine which

may extend to 3[two thousand rupees] or with both.

(3) Whoever not being authorised by the Committee or 1[Chief Administrator]

interferes with the free movement of visitors within the premises of the Temple or with

any precautionary measures taken for their safety or convenience shall on conviction,

be punishable with imprisonment which may extend to three months or with fine which

may extend to 3[one thousand rupees] or with both.

(4) Whoever :–

(a) not being the Sevak entitled to perform any Niti or Puja or to offer any

bhog to any deity installed within the premises of the Temple, performs

such Niti or Puja or offers such bhog ; or




22

(b) forcibly enters into any place within the Temple when such entrance is

prohibited under any law or custom or under any lawful order issued by

the Committee or by 1[Chief Administrator]; or

(c) takes inside the premises of the Temple any article knowing that the

taking of such article is prohibited under any law or custom or by any

declaration made and published in the prescribed manner by the

Committee with due regard to the prevailing custom, public health,

morality or the religious sentiments of the public; shall on conviction be

punishable with imprisonment which may extend to two months or with

fine which may extend to 2[one thousand rupees] or with both.

(5) Whoever :–

(a) dries Annamahaprasad for conversion into Nirmalya at any place within

the premises of the Temple without being authorised by the Committee

in that behalf; or

(b) sells or offers or exposes for sale any Mahaprasad at any place within

the premises of the Temple, other than the place allotted by the Committee

for the said purpose; or

(c) answers the call of nature at any place within the premises of the Temple,

other than that set apart for the purpose; or

(d) enters the premises of the Temple in a state of intoxication and conducts

himself in such a manner as to cause annoyance to any person; or

(e) commits any act of indecency or uses obscene or abusive language within

the premises of the Temple;

shall on conviction be punishable with fine which may extend to 2[one thousand rupees].

3[30-B. Offence to be cognisable :– Any police officer may arrest without a

warrant any person who is committing or who is reasonably suspected to have committed

any offence under this Act.

30-C. Gognizance of offences :– (1) No Court inferior to that of a 2[Magistrate

of the First Class] shall try any offence under this Act.

(2) No Court shall take cognizance of any such offence without the previous

sanction of 1[Chief Administrator].

30-D. Composition of offences :– (1) 1[Chief Administrator] may accept from

any person against whom a reasonable suspicion exists that he has committed an offence

under this Act a sum of money not exceeding :–

(a) in cases coming under Clause (b) of Sub-section (2) of Section 30-A,

double the amount of the value of the bhog; and

(b) in-any other case, the maximum amount of fine which may be imposed

in respect of the offence, by way of composition of the offence.




23

(2) On the payment of such sum of money the suspected person, if in custody,

shall be discharged and no further proceedings shall be taken against such person.

30 -E. Fines to be credited to Temple Fund :– All amounts realised on accounts

of fines upon conviction for offences under this Act or as a result of composition shall

be credited to the Temple Fund.]

31. Regulations :– The Committee may, subject to the approval of the State

Government, make *[regulations] not inconsistent with the provisions of this Act and

the rules made there under to provide for the manner in which the duties imposed on it

under this Act and its functions there under shall be discharged and in particular to

provide for –

(a) conditions of service of office bearers and employees of the Temple;

(b) procedure for transfer of Seva-Puja, Chuti or Panti in the Temple:

(c) observance of Nitis and other usages in the Temple in the absence of

specific mention in the record-of-rights;

(d) any other matter for which regulations are required to be made for

purposes of this Act.

CASE LAWS

Sec. 31 read with Regulation 19 of Shri Jagannath Temple (Employees' Condition

of Service) Regulations, 1967-Payment in lieu of notice of one month is mandatory

before relinquishing service : Baidyanath Mishra v. Administrator, Shree Jagannath

Temple and others : 44 (1977) CLT 306.

32. Power of the State Govt. to make rules :– (1) The State Government may

make **[rules] to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power,

they shall have power to make rules with reference to

(a) all matters expressly required or allowed by this Act to be prescribed;

(b) the manner of exercise of control by the Committee over the actions of1[Chief Administrator];

(c) the grant of travelling or daily allowances to the members of the

Committee;

(d) the performance of duties by the Committee under Section 15 and the

mode and extent of expenditure under Section 28;

(e) the publication of the Administration report under Section 18;

(f) the custody of records and properties including custody of key of the

Ratna Bhandar;

(g) 1[Omitted]

*. For Regulations see O.G.E No. 1468, 1469 & 1470, dated 17.11.1967.

**. For Rules see O.G.E. No. 778, dated 15.07.1968 & O.G.E. No. 670, dated 25.10.1960.



24

(h) the preparation of the budget estimates for the Temple;

(i) the preparation and sanction of estimates and acceptance of tenders in

respect of public works and for supplies;

(j) the custody and investment of the Temple Fund by the Committee;

(k) the audit of the accounts of the Temple and the particulars to be mentioned

in the audit report and the manner of publication thereof and of the

directions issued under Section 27;

(l) 1[ x x x ]; and

(m) any other matter that may be required for the efficient administration of

the Temple and its endowments.

33. Committee to be in possession of the Temple and its properties :– (1)The

Committee shall be entitled to take and be in possession of all movable and immovable

properties including the Ratna Bhandar and funds and Jewelleries, records, documents

and other assets belonging to Temple.

2[(2) If in obtaining such possession, the Committee or any person authorised

in this behalf by the Committee is resisted or obstructed by any one, it may make a

requisition in the prescribed form to any 3[Executive Magistrate] within whose

jurisdiction any such property is situated to deliver its possession to the Committee;

on receipt of the requisition the Magistrate shall hold a summary enquiry into the facts

of the case and if satisfied that the resistance or obstruction was without any just

cause, shall comply with the said requisition, and in exercising the powers under this

Section the Magistrate shall be guided by the rules made under this Act.]

(3) No suit, prosecution or other legal proceeding shall lie against the Committee

or any person acting under its instruction or authorised by it for anything done in good

faith under Sub-section (2).

(4) 4[Omitted]

Provided that nothing contained in this section shall bar the institution of a suit

by any person aggrieved by an order made there under from establishing his title to the

said property.

34. Public officers to furnish copies of or extracts from certain documents :–

All public officers having custody of any record, register, report or other documents

relating to the Temple or any movable or immovable property thereof shall furnish

such copies of or extracts from the same as may be required by 5[Chief Administrator]:

35. Acts of Committee and Administrator not to be invalidated :– (1) No

act or proceeding of the Committee or of any person acting as a member of the






25

Committee shall be deemed to be invalid by reason only of a defect in the establishment

or constitution of the Committee or on the ground that any member of the Committee

was not entitled to hold or continue in such office by reason of any disqualification or

by reason of any irregularity or illegality in his appointment or by reason of such act

having been done or proceeding taken during the period of any vacancy in the office

of member of the Committee.

(2) No act or proceeding of 1[Chief Administrator] shall be deemed to be invalid

by reason of only of a defect or irregularity in his appointment or on the ground that he

was not entitled to hold or continue in office by reason of any disqualification.

2[35-A. Administrator etc. to be public servants :– 1[Chief Administrator]

and every person duly authorised by him or by the Committee shall, while acting

under any of the provisions of this Act, be deemed to be public servants within the

meaning of Section 21 of the Indian Penal Code.]

36. Power to remove difficulties :– If any difficulty arises in giving effect to

the provisions of this Act, the State Government may as occasion may require, by

order do anything not inconsistent with this Act or on rules made there under which

appears to them necessary for the purpose of removing the difficulty.

APPENDIXProvisions of the Amending Acts not incorporated in the Principal Act of

1955

1. Shri Jagannath Temple (Amendment) Act, 1961 (Orissa Act 19 of 1961).

2. Notwithstanding anything contained in Section 9 of the Principal Act the

term of office of the members nominated in accordance with the said Act as amended

by Sub-clause (iii) of Clause (a) of Sub-section (1) after the date of commencement of

this Act shall end with the term of office of the members holding office on the said

date.

2. Shri Jagannath Temple (Amendment) Act, 1968 (Orissa Act 17 of 1968) as

amended by Orissa Ordinance No.2 of 1969 and Orissa Act 17 of 1969.

18. Transitory provisions :– Notwithstanding anything contained in the

Principal Act, the members of the Committee other than the Chairman and the ex-

officio members; holding office immediately prior to the date of coming into force of

this Act shall cease to hold office 3[on the expiry of a period of one year] from the

aforesaid date:

Provided that in case it is not reasonably practicable to constitute the Committee

in accordance with the Principal Act 3[as amended by Shri Jagannath Temple Laws

(Amendment Act, 1969)] by the expiry of the period aforesaid the State Government

may, by notification, extend the term of office of the said members by such period, not

exceeding three months, as they deem necessary:




1[Provided further that if at any time prior to the expiry of the period of one

year or as the case may be, the extended period as aforesaid, the Committee is

reconstituted in accordance with the Principal Act as amended by Shri Jagannath Temple

Laws (Amendment) Act, 1969 the said members shall cease to hold office with effect

from the date of notification of the appointment or nomination of the members of the

Committee as so reconstituted.

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Documents

The Odisha Gazette...3 3. Delegation of powers to the Committee :– The Puri Shri Jagannath Temple(Administration) Act, 1952 shall be deemed to be a part of this Act and all or any